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HomeMy WebLinkAbout83- Graf Sanitary Sewer Line Easement City of Bozeman " ~ \ : ~ ' /I". ". ;$-Q- -, 76 PAGE 13~6 .. ,~ , INDEXED FILM .. 110346 " PLATTED State of Mont.. County of Gallatin:HF. ect for record May 26 ,1983 at 3: 3~Pfly a~~rded in Book 76 of H!SCELLANE?US page1316 --- '.. Recorder. By jj1.l1l1L.I/f/7b.L41A., Dp.", ,t, EASEMENT AND RIGHT OF WAY AGREEME~T FOR SANITARY SEWER LINE THIS AGREEMENT, Made and entered into this 16th day of Mav A. D. 1983 , by and between EUGENE GRAF, JR. and GENEVIEVE T. GRAF, a married couple, residing at 504 West Cleveland, Bozeman, MT parties of the first part, hereinafter called the Grantor~ and THE CITY OF BOZEMAN, a municipal corporation of the State of Montana, in Gallatin County, the party of the second part. hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, The Grantor ~ are the legal record title owner of Lot 7, Graf's Second Subdivision to the City of Bozeman, according to the officialplattherMfOri file'Qnd,.of record in the office of the County Clerk and Recorder of Gallatin County. ~1ontana, more particularly described below. and WHEREAS, The Grantee, in the exercise of its power and authority as a muniCipality of the State of Montana, proposes to construct and install a sanitary sewer line and necessa~ appurtenances to serve various properties located within the whole portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee des i res to acqui re from the Grantor...i.., and the Granto~~ willing to grant to the Grantee an easement and right of way across the above described property of the Granto~, and their heirs, executors, administrators, successows and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said s~nitarv sewer line and appurtenances and for such other rig ts of access and incidental rights as are hereinafter described, all as hereinafter more particularly pro- vided. NOW, THEREFORE, in consideration of the sum of $ 0.00 and other considerations in hand ~id by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantors have granted, bargained, sold, conveyed, and confinned and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the follow- ing rights and priVileges forever: 1. A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer thereto upon and across the above described property of the Grantor s, said easement and right of way to consist of a strip of land :Rf 'feet in width being more particularly described as follows: Beginning at the southwest corner of said Lot 7; thence North 260 43' West, along the easterly rightoof-way of Sourdough Road, a distance of 30.00 feet; thence North 64 42' East, parallel to the sou~herly line of said Lot 7, a distance of 30.00 feet; thence South 26 431 East, parallel to the easterly right-of-way of Sourdough Road, a dis- tance ofo30.00 feet to the common property line of said Lot 7; thence South 64 42' West, a distance of 30.00 feet to a point on the easterly right-of-way of Sourdough Road. .' 7 . , , ,;;; i ~ fILM 76 P~GE 1317 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, uling, repairing, replacing and maintaining said sanitary sewer line and for the removing of same if and when desired by the Grantee, its successors and aS8ign8: TO HAVE AND TO OOLD the above described right of way with all the appurtenances and privileges unto the said Grantee and to its luccessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ as follows: 1.. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said sanitary sewer line it will replace at its sole expense, all existing fences, ditches and other appur- tenances of said land that may be disturbed by its operation in a condition equal to the condition thereof existing before said operationa were begun. or as near thereto as shall be reasonably possible. 2. That. during operations involving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil whichever is less. and stockpile said topsoil for replacement over the trench, and will remove from the site any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed and will leave the finished surface in substan- tially the same condition that existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3.. To operate, use and maintain said sanitary sewer line in Ruch manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 4.. In the ev~nt that it sholid become necessary for the Grantee to re..enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility linea the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. ..2 - . , . , , . ~ , ~ 5. flU'I 76 PWE 1318 The Grantors_ hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain , any permanent structure over or above the said residential sewer unless such structure is built, constructed and main- tained in such a manner that it would not interfere with the operation, use, repair. maintainence, replacement and removal of said residential sewer. 2. That the Grantee may peaceably hold and enjoy the rights and pri vil eges herein. granted without any interrupti on by the Gran tor ~ or thelr successors and ass i gns. 3. Thftt they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, administrators, successors and assigns, shall warrant and defend the title to said premises unto said Grantee, and its Successors and assigns forever, against the lawful claim and demand of all persons whomsoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administra- tors, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- ~ ~ . . . . '. .. . \ FILM 76 PAGE 13~!l IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above wri t ten. )I~o~~ :r ~ ... STATE OF MONTANA ) : ss County of Gallatin) On this ~ day of'L?!!tfr 191.i. befo~, a ~Y ~ public in and or said State, rsonally appeare ~ ~ . !:l/)l.lc~~Jh.iJ known to me to be the person..:5 whose nameo__~_____ . . subscribed to the -- within instrument. and acknowledged to me that ~~ ___"_' executed the same. < ~ -4- ~ . . , . , . . . . iO I. I · , '"' FILM 76 P~GE 13~Q THE CITY OF BOZEMAN BY:~~ ~ ayor ~ /.~~-~r- Cityarney STATE OF MONTANA ) : ss County of Gallatin ) On this 26th day of May , 1983, before me, the undersigned a Notary Public for the State of Montana. personally, appeared Alfred M. Stiff and Robin L. Sullivan known to me to be the Mayor and Clerk of the City COll1Tlission respectively, of the City of Bozeman. whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. \ \ \' '1III1I1t1 tf ~(!. ~ "~"~' ,.c,' ,/"'" " " ~ . ~'''' ~...' ~ ~....... jit~ ~:- ~ ..' "0)0 ~ Notary Public for the State of Montana . "'.' r" '-' { ~/ \\~AR14{ \<;"\ Residing at Bozeman, Montana ~, i S'AAL i i My Commission Expires 4/. 00 .J".s :. ~." I , .'_ = ~ ..,. \1.- .:.", ! I ,# . , .. It ,...... - 1> lP"", "-\''',' ... ~' ~ ." . ,-.. '.k ',~....,~ . ~ ',,;"'''/! ....~... ~~.. "1" OF '. ,;,.~"..., II""",,,.nt'\\ -5- , . f , II' ZOO." :; 14.LS O~ (~Sl' ~, ~ .. ~ - ~~!~ ~~~ ~ ~t}j~ ~ ~ ~ ~C). "i ~ ~~ -: ~~~ ~~ \\\i . ....., ~ ,,;11'i1' dH~P J, . ~,~~,j ~." JIt' .)Ii(:N : ~ dAO:M '~ MW~ __ I pH)Y W t7: . t I'lJIJIi/ N#f' ~ " , , ," ..:.. t. ... J ~J 3D7d 91. . . . klU . . , "